R v Gardiner [2017] NSWDC 409

R v Gardiner [2017] NSWDC 409

Given Mr Gardiner's failure to comply with court orders and subsequent offending, a custodial sentence with a non-parole period of 18 months and a head sentence of three years is appropriate. Special circumstances are found to encourage rehabilitation.

Parties
Prosecution: The Crown; Offender: Jake Gardiner
Jurisdiction
Australia
Judgment Date
17 November 2017
Procedural Posture
Sentence / Sentence Hearing and Pronouncement
Outcome
Sentenced to imprisonment with a non-parole period of 18 months and a head sentence of 3 years. Finding of special circumstances.
Legal Topics
Sentencing, Enter Dwelling House With Intent to Commit Larceny, Failure to Attend ICO Assessment, Totality, Special Circumstances
Criminal Law Sentencing Enter Dwelling House With Intent to Commit Larceny Failure to Attend ICO Assessment Totality Special Circumstances

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Parties

The Crown

Prosecution

Jake Gardiner

Offender

Procedural Posture

Sentence / Sentence Hearing and Pronouncement

Legal Issues

  1. 1 Appropriate sentence for entering dwelling house with intent to commit larceny
  2. 2 Effect of failure to attend intensive correction order (ICO) assessment
  3. 3 Application of the totality principle and special circumstances

Ratio Decidendi

Given Mr Gardiner's failure to comply with court orders and subsequent offending, a custodial sentence with a non-parole period of 18 months and a head sentence of three years is appropriate. Special circumstances are found to encourage rehabilitation.

Court Disposition

Sentenced to imprisonment with a non-parole period of 18 months and a head sentence of 3 years. Finding of special circumstances.

Orders

  • Mr Gardiner sentenced to 3 years imprisonment dated from 17 February 2017.
  • Non-parole period of 18 months expiring 16 August 2018, with release to parole on that date.